The Debt Recovery Tribunal allowed an original application filed by HDFC Bank Ltd. against Amit Gupta for recovery of a vehicle loan default. The court granted a uniform interest rate and directed issuance of a recovery certificate.
Recovery of ₹29,37,924.86 with costs and future simple interest @8.00% p.a.; Recovery Certificate issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH
ORIGINAL APPLICATION NO.740/2025
PRESIDED OVER BY MRIDULESH KUMAR SINGH
DATE OF INSTITUTION: 31.05.2025
DATE OF DECISION: 26.12.2025
HDFC Bank Ltd., having its Registered Office at Senapati Bapat Marg, Lower Parel – (West), Mumbai–400013, having its Branch Office at Ludhiana, Punjab and also at HDFC Bank House Plot No. 1-15, Sector101, Alpha IT City, Mohali through its Authorized Representative Sh. Rajendra Prasad of the Applicant.
……..Applicant Versus
Sh. Amit Gupta S/o Sh. Ashok Kumar Gupta, R/o H. No. 34-35, Near Barewal Road, Rajauri Garden, Rajgura Nagar Ludhiana, Punjab – 141012.
Second Address: Sh. Amit Gupta S/o Sh. Ashok Kumar Gupta, C/o Home Need Department Store, Plot No.07, Apex Nagar Barewal Road, Ludhiana, Punjab- 141012
….……Defendant
Advocates:
Argued by Sh. Amit Rishi, Advocate for Applicant (through VC) Defendant already ex parte
FINAL ORDER
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OA NO.740/2025 HDFC BANK LTD. VS. AMIT GUPTA
Registration Certificate of the Vehicle filed on 05.12.2025 vide diary no. 20003 in compliance to order dated 02.09.2025.
Documents executed: Demand Notice dated 12.05.2025, along with postal receipts, which is Annexure A6 to this OA; Statement of Account along with Certificate under Bankers’ Book of Evidence, which are Annexures A7 & A8 to this OA and Hon’ble Delhi High Court Judgement, which is Annexure A9 to this OA.
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OA NO.740/2025 HDFC BANK LTD. VS. AMIT GUPTA
The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged property/hypothecated assets, undertaking of the defendant, quantum of loans and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant uniform simple interest @8.00%p.a. in both the loan accounts from the date of filing of the OA
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OA NO.740/2025 HDFC BANK LTD. VS. AMIT GUPTA
till realization of the amount ordered vide this final order. It is ordered accordingly. 11. In the result, the application is allowed declaring that the defendant is liable to pay to the applicant a total sum of Rs.29,37,924.86 (Rupees Twenty Nine Lacs Thirty Seven Thousand Nine Hundred Twenty Four and Paise Eighty Six Only) with costs, current and future simple interest @8.00%p.a. in both the loan accounts from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of hypothecated vehicle of defendant in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendant. The applicant is at liberty to enforce the claim through due process of law. 12. Any other application pending stands disposed of . 13. Issue Recovery Certificate accordingly. 14. Parties to appear before Learned Recovery Officer of this Tribunal on 09.01.2026. 15. Copy of this order be given dasti to the applicant and be sent to defendant through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned. Pronounced by me in the open Tribunal . Dated: 26.12.2025. (MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh
2 issues framed by the court
Whether the applicant is entitled to recover the outstanding loan amount classified as NPA.
What rate of interest should be granted on the loans till realization.
2 provisions across 2 enactments
HDFC Bank Ltd.
Mridulesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
